H-1B Transfer Mess: Indian Worker Stuck Despite Visa

An Indian professional working on an H-1B visa is facing a serious travel problem after an employer change. The worker is currently stranded in India and unable to return to the United States despite having a valid visa stamp.

To re enter the US, the employee needs a new approval notice from United States Citizenship and Immigration Services, commonly known as the I-797 approval. Their new employer had filed a transfer petition through Premium Processing on February 2.

Even after more than 40 days, the petition is still under active review. Premium Processing normally guarantees a response from USCIS within 15 business days, but no update has been received so far.

Earlier, the worker had filed a B-2 visa Change of Status application, commonly called a bridge petition. Immigration experts believe this earlier application may be one reason for the delay.

According to experts, USCIS usually avoids processing a second petition if another application is already pending. This situation can create administrative complications for applicants.

There are also reports that applicants applying for an H-1B transfer while outside the US may be subject to an additional 100,000 dollar fee. Some H-1B applicants believe that USCIS may pause petitions until such payments are verified.

The affected worker has been advised to ask the employer to contact the Premium Processing unit for clarification. USCIS may require additional information or may have issued a Request for Evidence.

The worker also revealed that the B-2 Change of Status application was denied after they left the United States. Immigration rules state that leaving the country while a Change of Status request is pending automatically results in denial.

This administrative denial could also be linked to the delay in the H-1B transfer petition. Until the issue is resolved, the professional remains stuck in India and waiting for further updates.